This contractual document will govern the booking of accommodation through the website https://www.estivalgroup.com , owned by ESTIVAL GESTIO SL, hereinafter PROVIDER, whose contact details are also included in the Legal Notice of this Website.
These Terms and Conditions will remain published on the website and available to the USER for reproduction and saving as confirmation of the contract. The PROVIDER may modify them at any time. It is the USER's responsibility to read them periodically, as the Terms and Conditions in effect at the time of placing an order will apply.
Contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
These conditions will have an indefinite period of validity and will apply to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and aware of the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without this being able to affect the goods or promotions that were contracted prior to the modification.
Identity of the contracting partiesOn the one hand, the PROVIDER of the accommodation booking service contracted by the USER is ESTIVAL GESTIO SL, with registered office at Avda. Pau Casals, s/n. CP 43480 VILA-SECA. TARRAGONA, NIF B-43539550.
And on the other hand, the USER, registered on the website using their full name, official identification document (DNI, passport, NIE, etc.), valid credit card with sufficient balance (to guarantee the reservation), email address and telephone number, for which they have full responsibility for use and safekeeping, and is responsible for the veracity of the personal data provided to ESTIVAL GESTIÓ, SL
Subject of the contractThe purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the time when the latter accepts, during the online contracting process, the reservation of a tourist accommodation unit (hotel room, apartment, bungalow or camping pitch) for holiday, tourist or temporary accommodation use.
The contractual relationship for booking accommodation involves renting the chosen accommodation unit for a limited time, at a price that is determined and publicly displayed on the website. Some additional services may or may not be available for purchase at the time of booking.
Procurement procedureTo access the services or products offered by the PROVIDER, the USER must be of legal age. Therefore, the USER must freely and voluntarily provide the required personal data, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD), as detailed in the Legal Notice and Privacy Policy of this website.
The USER will provide the name and surnames of all recipients/users of the contracted service, all committing to make diligent use of the contracted service and not to make it available to third parties, as well as to report the loss or theft of possible access to the establishment or services by an unauthorized third party, so that immediate blocking can be carried out.
Once the user account has been created, please be advised that, in accordance with the requirements of Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:
Unless otherwise stipulated in writing, making a reservation with the SERVICE PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the SERVICE PROVIDER unless expressly accepted in advance and in writing by the SERVICE PROVIDER.
2. ACTIVATION OF RESERVATIONS AND PAYMENTThe PROVIDER will inform the USER in advance about the procedure to follow to make the trip reservation.
The automatic availability and price calculation system allows the USER to choose the accommodation unit that interests them and immediately make the online payment for the price.
The PROVIDER will not reserve the accommodation until the card has been validated. Once this process is complete, the PROVIDER will contact you by email to confirm the reservation. This confirmation is contingent upon successful availability confirmation.
Non-refundable rates: 100% of the booking amount will be paid upon booking.
Flexible Rates: These will have prepayment charges depending on the conditions published by the establishment. For example: Holiday hotels: 1 night's charge starting 7 days before arrival. Mountain hotels: 30% of the reservation will be charged 7 days before arrival. Campsites: 30% of the total amount will be paid upon booking. City hotels: the charge for the first night will be applied 3 days before arrival.
BondsA security deposit of €150 is required, payable in cash or by credit card (Visa, MasterCard, or Maestro). This deposit will be refunded at the end of your stay, subject to verification that the accommodation has not suffered significant damage. Any damage found will be deducted from the deposit.
Failure to perform the distance contractIf the contract cannot be executed because the accommodation is not available within the planned period, the USER will be informed of the lack of availability and will be entitled to cancel the reservation and receive a full refund at no cost, and without the PROVIDER incurring any liability for damages.
The PROVIDER will not assume any responsibility when the activation of the service is not carried out, because the data provided by the USER is false, inaccurate or incomplete.
3. CANCELLATIONS (right of withdrawal)The USER has the same rights and deadlines to proceed with the cancellation and/or claim any possible defects or flaws in the reservation, both online and offline.
All cancellations must be communicated to the SERVICE PROVIDER through the "My Bookings" section on the website, providing your email address and booking number, or by email depending on the establishment, indicating the corresponding invoice or booking number. In the event of a refund, the USER may be subject to the following penalties:
Any complaint that the USER deems appropriate will be addressed as soon as possible, and can be made by telephone or at the accommodation address, both of which can be found on the website.
If any breakdown occurs in the electrical installations or appliances during the rental period, the USER must immediately notify the PROVIDER to resolve these incidents as soon as possible.
In the event of force majeure (water damage, fire, etc.), the PROVIDER will replace the reserved accommodation with another of the same characteristics. If no alternative accommodation is available, the PROVIDER will refund the proportional amount paid.
Online Dispute ResolutionPursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online platform for resolving disputes between the USER and the SERVICE PROVIDER without resorting to the courts, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between them. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURENeither party shall be liable for any failure to perform its obligations due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.
6. COMPETITIONThe USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted. If any provision of these terms and conditions is deemed invalid or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected in any way. The USER declares to have read, understood, and accepted these General Terms and Conditions in their entirety.
7. GENERAL INFORMATION ABOUT THE OFFERDetails of each booking, such as accommodation and meal plan, are provided to the USER in their respective description on the website.
All sales and deliveries made will be subject to these General Conditions.
No modification, alteration or agreement contrary to the stipulated Commercial Proposal will have effect.
Given the continuous technical advancements and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising. These modifications will also be valid if, for any reason, the ability to offer the contracted services is affected.
Entrances and exitsCheck-in times vary depending on the type of accommodation:
Accommodations will not be available before the times indicated above.
In situations where the USER has booked their stay at a campsite and expects to arrive after 10:00 PM, it is essential that they notify the campsite in advance of their arrival. If this prior notification is not received, arrival may not be accepted, and in that case, access to the campsite will be postponed until 8:00 AM the following day.
Upon arrival at the hotel reception, the GUEST is required, in accordance with current legislation, to present documentation confirming the reservation. Furthermore, all occupants of the accommodation will be identified.
The USER will then pay the remaining balance of the reservation plus local taxes and the tourist tax (check according to the establishment) per day of stay and per person over 16 years of age, with a maximum of 7 days (Law 5/2012 of 20/3/12. DOGC no. 6094 of 23/03/12) and the security deposit. Payment of these amounts may be made by debit or credit card or in cash, according to the USER's preference.
Check-out: The established check-out time for all accommodations is 10:00 AM. It is essential to respect this time to facilitate the organization and cleaning of the accommodation for the next guests. Guests must return the keys to reception before the agreed time. The host may request a prior inspection of the accommodation's condition before departure to ensure compliance with the established conditions of use.
Additional servicesShould the USER wish to contract any additional services, they have the option to do so when making the reservation. It is important to note that these additional services are subject to availability at the establishment. The prices for these services will be published on the website. If it is not possible to access this information through the website, the USER should contact the establishment by telephone to inquire about current conditions and rates.
Regarding the admission of pets, only in those accommodations where it is allowed, it will be essential to inform at the time of making the reservation and request the corresponding authorization.
Customer responsibilitiesThe prices shown for each booking include Value Added Tax (VAT) according to the regulations in force at the time of payment. Should there be any change in the applicable tax rate, this change will be reflected in the corresponding rates and automatically adjusted in the final prices.
It is important to note that, unless expressly stated otherwise, these prices do not include tourist taxes, travel insurance, or any other additional or complementary services beyond the main service booked. Therefore, any supplement or extra service requested by the user must be paid for separately and is not included in the base price of the booking.
The prices applicable to each establishment are those published on the website and are expressed in Euros. The USER acknowledges that the price of some services may vary in real time. Prices may change daily until a reservation is made.
All payments made to the SERVICE PROVIDER will result in the issuance of an invoice, subject to the USER's consent (Art. 63.3 RD 1/2007), in the name of the registered USER or the company name provided by the USER when placing the order. This invoice will be delivered to the USER upon completion of the rental period and full payment for the contracted services. The invoice can be downloaded in PDF format by accessing the website's management panel with the user account. If the USER wishes to receive the invoice via email, they must request it through any of the means provided by the SERVICE PROVIDER, and are informed that they may revoke this decision at any time.
9. TRANSPORTATION COSTSNOT APPLICABLE.
10. PAYMENT METHODS, CHARGES AND DISCOUNTSThe PROVIDER is responsible for the financial transactions and offers the following payment methods for orders:
The website uses industry-standard information security techniques, such as SSL, secure page entry, firewalls, access control procedures, and cryptographic mechanisms, all designed to prevent unauthorized access to data. To achieve these objectives, the USER agrees that the PROVIDER may collect data for the purpose of authenticating access controls.
The PROVIDER agrees not to allow any transaction that is considered illegal by credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offering of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder(s).
11. PURCHASE PROCESSThe website has a search system with various parameters to facilitate choosing accommodation. Booking types:
You must select your check-in and check-out dates, the number of guests (adults and children), and any extra services you wish to add to your shopping cart. The cart will only display the selected services, their quantities, prices, and total cost. Once you save your cart, taxes, fees, and discounts will be calculated based on the information you entered.
The baskets have no administrative binding; they are simply a section where you can simulate a quote without any obligation for either party. From the basket, you can place an order by following these steps for proper processing:
Once the order has been processed correctly, the system sends an email to the PROVIDER's management department and another to the USER's email confirming that the order has been placed.
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the reservation, as well as all relevant information.
From the Online Booking section, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions of each property.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACTIf any of these terms and conditions are deemed illegal, void, or for any reason unenforceable, that condition will be considered severable and will not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. GUARANTEES AND RETURNSThe guarantee of the services offered will comply with the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws:
Conformity of services with the contract1. Unless proven otherwise, services shall be deemed to conform to the contract provided they meet all the requirements set out below, unless, due to the circumstances of the case, one of them is not applicable:
2. Any lack of conformity resulting from a service not performed or provided shall be considered a lack of conformity of the contract, provided that the responsibility for the contract lies with or under the responsibility of the USER; on the contrary, when the service not performed or provided is due to negligence or malpractice of the USER, it shall not be considered a lack of conformity and shall be considered in accordance with the terms of the contract.
3. No liability will apply for non-conformities that the USER knew or could not have ignored at the time of entering into the contract or that originate from information provided by the USER.
Provider's ResponsibilityThe PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the accommodation. The USER is entitled to repair, replacement, a price reduction, or termination of the contract.
Repair and replacement of accommodation service1. If the hosting service does not conform to the contract, the USER may choose between demanding repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER notifies the PROVIDER of their chosen option, both parties must abide by it. This decision by the USER is without prejudice to the provisions in cases where repair or replacement fails to bring the service into conformity with the contract.
2. Any form of remedy that imposes costs that are unreasonable compared to the other form of remedy, taking into account the value the service would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER, shall be considered disproportionate.
Repair and replacement will be subject to the following rules:
The price reduction and the termination of the contract will proceed, at the USER's option, when the USER cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable time or without major inconveniences for the USER.
Criteria for price reductionThe price reduction will be proportional to the difference between the value the service would have had at the time of delivery had it been in accordance with the contract and the value the service actually delivered had at the time of delivery.
DeadlinesUnless proven otherwise, delivery is considered to have taken place on the date indicated in the booking. The USER must inform the PROVIDER of any non-conformity as soon as they become aware of it.
14. APPLICABLE LAW AND JURISDICTIONFor all matters arising from this contract, both parties expressly submit to the jurisdiction of the Courts and Tribunals of the city where the establishment has its domicile.